PART VIILAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

Other interference with roads

Causing damage to roads85.

(1)

Any person who, without lawful authority or reasonable excuse, deposits anything whatsoever on a road and thereby causes damage to it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)

Any person who causes damage to a road by digging, raising or carrying away any gravel, stones, sand or other materials from the side of the road, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)

Where—

(a)

a person has caused damage to a road in contravention of paragraph (1) or (2); and

(b)

the Department considers that the damage constitutes a danger to persons using the road,

then (whether or not proceedings are instituted for an offence under paragraph (1) or (2)) the Department may—

(i)

carry out such works as are necessary to obviate the danger; and

(ii)

recover from that person any expenses thereby reasonably incurred by it.

(4)

Where a person convicted of an offence under paragraph (1) or (2) fails, within such period as the court may allow, to make good any damage to the road, the Department may—

(a)

make good any damage to the road; and

(b)

recover from that person any expenses thereby reasonably incurred by it.

(5)

In this Article “road” includes any part of an embankment supporting a road and any part of a bank which flanks a road.